Paws for thought – a ‘pet-nuptial’ agreement is the way forward

Couples can save themselves the unnecessary heartache of losing shared pets by arranging a 'pet-nuptial' agreement in case of future separation with their partner. 

For those going through a divorce, discussing what happens to shared pets after the split is undoubtedly one of the hardest things to do, and having a plan in place can really help. Pets are often just as important to people as children, but when it comes to custody of furry friends in the eyes of the law, there is currently no official legally binding measures in place for what happens to pets after a breakup. Legally a pet is seen as an asset, and as with any assets in a divorce, ownership will be decided by the court, however having a prearranged agreement in place commonly known as a prenuptial agreement, can assist the court to make a decision. To decide the future home of a pet during a divorce, couples can include a clause in a wider prenuptial agreement regarding ownership of an animal in the same way they can for material goods such as furniture or a TV.

"A pet-nup clause can have a significant impact on any decision the court is asked to make and sets out the intentions of the parties prior to marriage. It can outline custody agreements, as well as financial responsibilities such as veterinary and grooming bills. Whilst it is not officially binding, it is certainly an influential factor in deciding what happens to your pets. 
"When drafting the agreement, it's important to bear in mind what would be best for the animal – agreed primary owners must adhere to the Animal Welfare Act 2006 and agree to be responsible for caring for the animal in all eventualities." 

To find out more about pet-nups and available family law services, please contact JMP Solicitors.

About JMP SolicitorsEstablished in 2000, JMP Solicitors is a Grantham-based multi-service law firm providing services for a diverse range of local and national clients from individuals, to companies and organisations.